G.R. No. 18413 ; September 20, 1922
GERTRUDIS BRIZ, plaintiff-appellee, vs. VIVENCIA BRIZ and her husband PEDRO REMIGIO, defendants-appellants.

FACTS

Gertrudis Briz, a minor, filed an action through her guardian ad litem to recover a parcel of land from her aunt, Vivencia Briz, and the latter’s husband. The land originally belonged to Maximo Briz, who died intestate in 1909, leaving no legitimate descendants or ascendants. Gertrudis claims to be the recognized natural daughter and sole heir of Maximo Briz. The defendants claim they acquired the land by purchase from Maximo Briz before his death. The trial court found that Gertrudis was indeed the natural daughter of Maximo Briz, that she had been in the uninterrupted possession of the status of a natural child, and that the defendants’ claim of purchase was baseless. The court declared Gertrudis entitled to recognition as a natural child and, as the sole rightful heir, ordered the defendants to surrender the land and pay rent received. The defendants appealed.

ISSUE

Whether the trial court could validly declare Gertrudis Briz as the recognized natural child and heir of Maximo Briz, and award her the land, in an action for recovery of property where not all necessary heirs were made parties and where no prior judicial decree of acknowledgment existed.

RULING

No. The Supreme Court reversed the trial court’s decision. A judicial declaration of acknowledgment as a natural child is a condition precedent to exercising rights as an heir under Article 939 of the Civil Code. An action to compel acknowledgment must be brought against all legitimate heirs or kin who would be prejudiced by such recognition. In this case, the complaint was a simple reivindicatory action for recovery of land, not an action for compulsory acknowledgment. Furthermore, not all necessary parties (other kin of Maximo Briz who would inherit if Gertrudis were not recognized) were impleaded. While a complex action joining the causes for compulsory acknowledgment and recovery as an heir is permissible if all necessary parties are before the court, such conditions were not met here. The case was remanded to the trial court to allow the plaintiff to amend the complaint and bring in all necessary parties defendant.